(영문) 서울고등법원 2019.01.30 2018나2052724

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(영문) 서울고등법원 2019.01.30 2018나2052724

매매대금반환

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the entry in this case by the court of first instance are as follows: “The judgment (Seoul High Court 2018Na9182) was pronounced, and E re-satisfyed on October 11, 2018, but E re-satisfyed on October 11, 2018 (Supreme Court Decision 2018Da38515).” The Defendant’s argument emphasized in the trial of the court of first instance is identical to the reasons for the first instance except for adding “the additional judgment” as to the argument that the Defendant emphasizes in the trial of the court of first instance, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(except for the part concerning the counterclaim claim); 2. Additional determination

A. A. On April 10, 2015, the Defendant’s assertion that the Plaintiff would pay the remainder of the instant sales contract to the Defendant. By April 22, 2015, the Defendant sent a notice that, until April 22, 2015, the Plaintiff would cancel the instant sales contract without a separate declaration of intent to cancel the sales contract, the instant contract was rescinded since the Defendant received the said notice at that time, but did not deliver the said document to the Plaintiff.

B. Comprehensively taking account of the overall purport of the pleadings in the statement No. 5-1 and No. 2 of the Plaintiff’s evidence No. 5-2, on April 10, 2015, the Plaintiff: (a) prepared to the Defendant for the remainder of KRW 140 million in the instant sales contract; (b) the Defendant prepared a document necessary for the implementation of the procedures for the registration of ownership transfer concerning the instant land; and (c) received the said balance in exchange for the said document by April 22, 2015; and (d) “if the Plaintiff fails to receive the remainder by April 22, 2015, it shall be deemed that the instant sales contract is rescinded without a declaration of intention to cancel the sales contract,” and (c) sent the Defendant a notice of demand for the receipt of the remainder and the termination of the contract on April 13, 2015.

However, Gap evidence 1, 5, and Eul.

참조조문

-민사소송법 제420조

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